There is nothing illegal about this benefit in itself, but it could become exhibit A in a lawsuit brought by a woman who is turned down for a promotion because of pregnancy, or because of actual or perceived "maternal" responsibilities.

Speaking of Exhibit A, Bloomberg BNA reports that a federal judge in Colorado understandably denied summary judgment to an optometry practice in a pregnancy discrimination case, in part because of "egg talk" by the employer. The optometrist in charge of the practice allegedly demoted the plaintiff, saying it was "too bad that she had to go and get pregnant." He also admitted to telling the plaintiff's supervisor "in a joking manner" that he should not hire women with "viable eggs" but only women with "dead eggs."

The employer alleges that by "dead eggs" he meant "good work ethic" and that the plaintiff was fired for stealing time. The jury will decide who is right.

Egg discrimination: the next big thing. Remember that you read it here first!

Robin has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the Equal ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). Continue Reading